How is Pain & Suffering Calculated in a Car Accident Case

What is my Pain and Suffering Worth after a Car Accident?

Compensation for personal injuries resulting from a car accident often includes consideration for non-economic damages.

This can include pain and suffering, the valuation of which isn't as easy to quantify as the economic damages after an accident.

The toll of a person's emotional distress and psychological pain is hard to objectively measure, but car accident attorneys have several methods commonly used to estimate the losses.

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In most personal injury cases the multiplier technique will be used to quantify pain and suffering, but ultimately it will be up to the court's discretion.

This multiplier method technique estimates the accident pain alongside the economic losses incurred. This method attempts to multiply the damages in consideration of the severity of the suffering endured.

Some jurisdictions, however, recognize and use a per diem method to calculate pain and suffering, which assigns a specific dollar value for each day of pain until the victim reaches maximum recovery.

Whichever method your car accident injury lawyer uses, the goal is an attempt to compensate victims in consideration for the intensity of the suffering, injuries, anxiety, and trauma experienced.


Here's How to Calculate Pain & Suffering using the Most Common Methods


Lawyers will determine the final value of pain and suffering damages calculated using the multiplier method, the per diem method, or one of several other methods at the court’s discretion.

Multiplier method: The multiplier method starts with measurable economic costs, such as the cost of accumulated and ongoing medical bills, and multiplies that amount to get a number representing the amount owed for damages. Presented as an equation, it might look like:

Presented as an equation it might look like:
((Total Medical Bills) x (Multiplier)) + Other Economic Damage Costs

The value of the multiplier can impact the total number of damages significantly and provides consideration for severity of injury. Minor injuries will only result in small multiple, the medical bills can be multiplied by up to as much as 5x for serious accident injuries.

Per Diem method: The per diem (daily rate) method calculates and then assigns a dollar amount for pain or discomfort that you experience on a daily basis. It effectively 'pays' you for your pain suffered as if the money was compensation for duties. The more painful and frequent the suffering the higher daily dollar amount.

Other methods of calculation: The court is not obligated to prefer one method over another. In the case of a settlement, either party may agree on any figure accepted by both parties. In some cases a rate is drawn from the doctor who will be providing the most care. Other times, the court may hire a focus group to offer a polled response for a fair and full amount for pain and suffering endured.

 

 


Potential Economic & Non-Economic Damages in a Car Accident

Examples of recoverable damages after a serious auto accident include:

  • Medical Expenses:   These are the measurable costs associated with medical care. For example, medical bills for hospital visits, surgery, ambulance and emergency services, prescription medication, physical therapy, etc.
  • Lost Wages:   Financial consideration for lost wages and income for the injured party prevented from work due to injury. For example, if a commercial truck driver suffers a severe concussion and is unable to work for three months, he can claim lost wages he would otherwise have earned.
  • Loss of Earning Capacity:   When the injuries of a car accident victim result in permanent disability or limitations, the victim can seek recovery for future earnings lost as a result of the injuries sustained.
  • Pain and Suffering:   Damages for the physical and emotional distress caused by the car accident injury. For example, a person who suffered an amputation after a crushing impact can seek to recover damages for the physical pain, emotional trauma and anguish in addition to the measurable economic damages associated with the harm suffered.
  • Emotional Distress:   Financial compensation for the psychological impact of an injury, which may include fear, anxiety, sleep loss, etc. Accident survivors with PTSD may be able to recover compensation for emotional distress.
  • Loss of Enjoyment:   Damages in consideration for the loss of day-to-day enjoyment for pursuits like hobbies, exercise, and other recreational activities. For example, if a cyclist can no longer ride a bike due to a dashboard knee injury which prevents their being able to ride as they used to.
  • Loss of Consortium:   Potential damages for the impact on a plaintiff's relationship with their spouse.
  • Punitive Damages:   Potential damages intended for punishment of the responsible party over extremely reckless behavior or for especially harmful actions.
  • Property Damage:   Recovery consideration for the loss of property. Most commonly associated with auto accident cases is to include the repairs or replacement of the vehicle wrecked in the crash.
chronic headache pain

Settlement Examples in a 'Pain and Suffering' Claim after an Auto Accident

The unique circumstances of the car accident and injuries involved will determine the amount of compensation you may be entitled to. A full & fair settlement offer should recognize the total financial losses and include compensation for the full breadth of non-economic damages which have legal merit, pre-existing conditions notwithstanding. After a serious car accident, it is imperative to sit down with your personal injury attorney to review your legal options and calculate how much pain and suffering compensation you may be entitled to. While each personal injury case is unique, reviewing some real auto accident case examples may help you better understand how pain and suffering damages work.

Let's consider some examples which may help you understand what compensation you may deserve.


Car Accident Victim Suffers from Chronic Back Pain

Stopped at an intersection, a motorist was hit from behind by a semi-truck. The force of impact then caused her vehicle to strike the vehicle in front. The client suffered a back injury from the wrenching impact of the collision, which required corrective surgery after months of chronic lower back pain. The painful injury resulted in mobility loss and prevented the previously physically active young mother from being able to pick up her kids from school and play with her children as she did before being rear-ended. After reviewing her legal options with our car accident attorney, the accident claim included consideration for physical pain, emotional pain, suffering, and loss of enjoyment in addition to the economic damages, ultimately seeking $25,000 for her pain and suffering.


Crash Victim Loses Two Fingers in a T-Bone Accident

While crossing an intersection, the motorist's vehicle was hit directly in the driver's side by a motorist who ran the red light. The serious t-bone collision resulted in multiple soft tissue injuries, a minor head injury, as well as cuts and bruises. The victim's hand suffered multiple broken bones in an impact with the driver's side window. The pinky and ring finger digits were damaged to the point that amputation was required and the fingers were lost at the knuckle. While still in treatment at the hospital, the individual reached out to our auto accident attorney for a consultation. The amputation injury impaired his ability to continue work as a programmer. They sued the at-fault driver for his lost wages (past and future), claimed disability, and included $55,000 for pain and suffering in his accident claim.


What are Considered Factors Accident Claims Including Pain and Suffering?

  • The severity of your injuries
  • How much pain, inconvenience, and other discomfort results from the injuries
  • The impact of your injuries on your life
  • The impact of the injuries on your social status and relationships
  • The impact of the injuries on your career prospects
  • The time expected for the injuries to heal
  • The necessity of ongoing therapy or psychological care
  • The necessity of care in the future, including prescriptions, future operations

Evidence Required to Substantiate Pain and Suffering Claims

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When attempting to substantiate pain and suffering claims, the documentation a victim can provide can help support the claims. Documented evidence of economic damages suffered can help to prove your claim. Medical records and medical bills for treatment will help your attorney and the courts assess the severity of the personal injuries sustained. In some cases, a medical expert may be called upon to prove the full extent of the harm suffered. Your attorney will gather and use the following medical records to provide documented evidence supporting your pain and suffering claim:


  • Medical Records & Billing Statements
  • Doctor Prescribed Medication Receipts
  • Physical Therapy Records
  • Photographic Evidence, Diagnostic Images, Medical Scans

If you've been recently injured in a car accident, sit down with an experienced personal injury attorney to review your legal options. Your lawyer will be able to help review your personal injury claim and help determine what you are owed. Lawsuit Legal will help you connect with a best-in-class personal injury attorney after a crash who can help you get the best possible outcome while you recover. The insurance companies can be expected to fight to limit what they have to pay. After a serious accident involving personal injury, let our attorneys help negotiate the settlement offer in pursuit of the best possible outcome, and if necessary, take your case to court to fight for what you deserve.

 

 

 

 

 

Free Case Evaluation


Let's See If You Have a Case...

Please select what happened?
Were you injured / hurt?
What is the primary type of injury?
Were you hospitalized or receive medical treatment?
Were you at fault for the accident?
When did the accident happen?
Where did the accident happen?
Was the other driver driving a commercial vehicle?
Please share how best to contact you
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